Finance Act 2017

(d) The amount of any repayment of tax or part repayment of tax to be made to a successor company or successor companies shall not exceed the total amount that would have been made to a transferor company but for the application of this subsection.”.

(2) Subsection (1) is deemed to have come into operation on 1 June 2015.

85. Amendment of section 67 of Finance Act 1988 (capital services redemption account)

85. Section 67 of the Finance Act 1988 is amended by substituting the following for subsection (8):

“(8) (a) The Minster may, at his or her discretion—

(i) pay moneys into the Account, or

(ii) place moneys to the credit of the account of the Exchequer.

(b) Any moneys paid into the Account under paragraph (a)(i) shall be applied towards defraying the interest and expenses arising on the public debt and, whenever the Minister considers it appropriate, towards the making of payments or repayments in respect of transactions entered into under section 54(7) of the Finance Act 1970.

(c) Any moneys placed to the credit of the account of the Exchequer under paragraph (a)(ii) shall form part of the Central Fund and be available in any manner in which that Fund is available.

(d) In this subsection ‘moneys’ means any sum (including interest received by the Minister on temporary deposits held abroad under section 4(2)(b) (inserted by the Appropriation Act 1969) of the Appropriation Act 1965 and interest received on the Exchequer’s accounts with the Central Bank of Ireland or with the holder of a licence under the Central Bank Act 1971) received by the Minister arising out of transactions entered into under section 54(7) of the Finance Act 1970.”.

86. Report of Minister for Finance

86. The Minister for Finance shall, not later than 9 months after the passing of this Act, prepare and lay before Dáil Éireann a report on the issues relating to making provision in law for a tax on vacant residential property, the administration and implementation of such a tax, the availability of reliable baseline data and the estimated annual revenue from such a tax.

87. Care and management of taxes and duties

87. All taxes and duties imposed by this Act are placed under the care and management of the Revenue Commissioners.

88. Short title, construction and commencement

88. (1) This Act may be cited as the Finance Act 2017.

(2) Part 1 shall be construed together with—

(a) in so far as it relates to income tax, the Income Tax Acts,

(b) in so far as it relates to universal social charge, Part 18D of the Principal Act,

(c) in so far as it relates to corporation tax, the Corporation Tax Acts, and

(d) in so far as it relates to capital gains tax, the Capital Gains Tax Acts.

(3) Part 2, in so far as it relates to duties of excise, shall be construed together with the statutes which relate to those duties and to the management of those duties.

(4) Part 3 shall be construed together with the Value-Added Tax Acts.

(5) Part 4 shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act.

(6) Part 5 shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.

(7) Part 6 in so far as it relates to—

(a) income tax, shall be construed together with the Income Tax Acts,

(b) universal social charge, shall be construed together with Part 18D of the Principal Act,

(c) corporation tax, shall be construed together with the Corporation Tax Acts,

(d) capital gains tax, shall be construed together with the Capital Gains Tax Acts,

(e) customs, shall be construed together with the Customs Acts,

(f) duties of excise, shall be construed together with the statutes which relate to duties of excise and the management of those duties,

(g) value-added tax, shall be construed together with the Value-Added Tax Acts,

(h) stamp duty, shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act,

(i) domicile levy, shall be construed together with Part 18C of the Principal Act, and

(j) gift tax or inheritance tax, shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.

(8) Except where otherwise expressly provided for in Part 1, that Part shall come into operation on 1 January 2018.

(9) Except where otherwise expressly provided for, where a provision of this Act is to come into operation on the making of an order by the Minister for Finance, that provision shall come into operation on such day or days as the Minister for Finance shall appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

SCHEDULE 1 PAYE Modernisation

Section 77

(a) in subsection (2)(a), by substituting “In this section” for “In this subsection”, and

(b) by inserting the following subsections after subsection (2):

“(3) Notwithstanding subsection (1) and subject to subsections (4) and (6), the income tax under Schedule E to be charged for the year of assessment 2018 and subsequent years of assessment in respect of emoluments to which Chapter 4 of Part 42 applies or is applied shall be computed on the amount of the emoluments paid to the person in the year of assessment.

(4) Where emoluments chargeable under Schedule E arise in the year of assessment 2017, and those emoluments are also chargeable to income tax in accordance with subsection (3) for the year of assessment 2018 or a subsequent year of assessment, the amount of the emoluments chargeable to income tax for the year of assessment 2017 shall, on a claim being made by the person so chargeable, be reduced to the amount of emoluments that would have been charged to income tax had subsection (3) applied for that year of assessment.

(5) Where a person dies and emoluments are due to be paid to that deceased person, the payment of such emoluments shall be deemed to have been made to the deceased person immediately prior to death.

(6) (a) In this subsection, ‘proprietary director’ has the same meaning as it has in section 472.

(b) Subsection (3) shall not apply to—

(i) emoluments paid directly or indirectly by a body corporate (or by any person who is connected (within the meaning of section 10) with the body corporate) to a proprietary director of the body corporate, or

(ii) emoluments in respect of which a notification has issued under section 984(1).”.

(a) in section 531AR by deleting “989,”, and

(b) in section 531AAB(1)—

(i) by substituting the following paragraph for paragraph (a):

“(a) for requiring a person who pays or proposes to pay relevant emoluments to notify the Revenue Commissioners that the person is an employer;”,

(ii) in paragraph (i), by substituting “for requiring any employer to provide to the Revenue Commissioners, prior to making any payment of relevant emoluments,” for “for requiring any employer making any payment of relevant emoluments to provide the Revenue Commissioners, within a period specified in the regulations, and”,

(iii) by deleting paragraph (j), and

(iv) in paragraph (k), by deleting “exceeding the limits specified in section 531AM(2)”.

(a) in section 983—

(i) by deleting the definition of “tax deduction card”, and

(ii) by inserting the following definitions:

“ ‘due date’, in relation to an income tax month, means—

(a) the day that is 15 days from the last day of the income tax month, or

(b) the day that is 24 days from the last day of the income tax month, where the following conditions are met:

(i) the return and the remittance of the amount of income tax due for the income tax month are made by such electronic means as the Revenue Commissioners require;

(ii) the return is made by the return date and the remittance concerned is made on or before the day that is 24 days from the last day of the relevant income tax month;

‘electronic means’ has the same meaning as it has in section 917EA(1);

‘return date’, in relation to an income tax month, means the day that is 15 days from the last day of the income tax month;

‘revenue payroll notification’ means a notification that—

(a) is issued by the Revenue Commissioners to an employer in respect of an employee, and

(b) contains information relating to the calculation and deduction of income tax;

‘technology systems failure’ means circumstances in which—

(a) the electronic system put in place by the Revenue Commissioners for the efficient operation of this Chapter is not functioning or is not functioning properly at any particular time such that a person is unable to comply with an obligation under this Chapter or regulations made under this Chapter, or

(b) a person is unable to use that electronic system at any particular time because of a general or partial systems failure of an internet service provider or of an electricity service provider, occurring in the general locality of or affecting the person’s place of business.”,

(b) by inserting the following sections after section 984:

“Electronic system

984A. (1) Any return, statement, notification, instruction, information, declaration, direction or claim required by this Chapter or regulations made under this Chapter, shall be given by electronic means and through such electronic systems as the Revenue Commissioners may make available for the time being for any such purpose, and the provisions of Chapter 6 of Part 38 shall apply.

(2) Subsection (1) shall not apply—

(a) to an employer who has been excluded by the Revenue Commissioners, in accordance with regulations made under section 917EA, from the obligation to use electronic means, for such period as the Revenue Commissioners may specify,

(b) to a notification under section 984, or

(c) to a direction under section 985E or section 985F.

Liability for payment of deduction

984B. A person who is required to make any deduction or repayment referred to in this Chapter, or regulations made under this Chapter, shall, in the case of a deduction (whether or not made), be accountable for the amount of the tax, and liable to pay that amount, to the Revenue Commissioners and shall, in the case of a repayment, be entitled, if it has been made, to be paid it, or given credit for it, by the Revenue Commissioners.”,

(c) in section 985B—

(i) in subsection (3), by substituting the following for paragraph (e):

“(e) emoluments covered by the agreement shall not be included in a return by the employer under section 985G.”,

and

(ii) in subsection (7), by substituting “23 days” for “46 days”,

(d) by inserting the following sections after section 985F:

“Return by employer

985G. (1) In this section, a return includes a return deemed to have been made under subsection (4).

(2) On or before the making of any payment of any emoluments to which this Chapter applies, an employer shall notify the Revenue Commissioners, in respect of each employee, of—

(a) the amount of the emoluments,

(b) the date of payment of the emoluments,

(c) the amount of income tax deductible or repayable, and

(d) such other information as is specified in regulations made under section 986.

(3) An employer shall—

(a) on or before the return date of an income tax month, make a return to the Revenue Commissioners specifying the total income tax deducted or repaid under this Chapter in respect of that income tax month, and

(b) on or before the due date of an income tax month, pay to the Collector-General the amount of income tax due to be deducted under this Chapter in respect of that income tax month.

(4) Where the Revenue Commissioners issue a statement to an employer which sets out, in summary form in respect of an income tax month, the total amount of income tax deducted or repaid by that employer, the details of the statement shall on the return date, or where the statement is issued after the return date, on that later date, be deemed to be a return made by the employer in respect of that income tax month for the purposes of subsection (3)(a).

(5) Subsection (4) shall not apply where a statement referred to in that subsection is issued to an employer and the details on that statement do not accurately reflect all payments of emoluments, to which this Chapter applies, made by the employer in the income tax month concerned or the liability of the employer to deduct tax on those payments.

(6) Where subsection (5) applies, the employer concerned shall ensure that all payments relating to the income tax month concerned and the associated income tax liability are accurately reflected in the return required under subsection (3)(a) in respect of that income tax month.

(7) The Collector-General may, by notice to an employer, vary the due date for the payment of any income tax due in respect of an income tax month.

(8) Any notice issued under subsection (7) may be withdrawn by the Collector-General at any time prior to the due date concerned, as varied by the notice.

Exceptional circumstances

985H. (1) Where—

(a) due to a persistent technology systems failure, an employer is unable to validate the most recent revenue payroll notification for an employee or to notify the Revenue Commissioners under section 985G(2), and

(b) the employer is under a legal obligation to pay emoluments, notwithstanding that the employer is unable to so validate or notify, as the case may be,

the employer shall—

(i) deduct tax from those emoluments by reference to the latest revenue payroll notification available to the employer, or if no such notification is available, in accordance with Regulation 22 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001), and

(ii) provide the notification under section 985G(2) immediately upon rectification of the technology systems failure.

(2) Where an employer complies with the requirements of subsection (1), the employer shall be deemed to have deducted tax from the emoluments concerned in accordance with the terms of a valid revenue payroll notification and the notification shall be deemed to have been made under section 985G(2) in the month in which the emoluments were paid.

(3) An employer shall, on request, provide the Revenue Commissioners with information in relation to the circumstances and details of a persistent technology systems failure giving rise to the consequences referred to in subsection (1).”,

(e) in section 986—

(i) in subsection (1)—

(I) in paragraph (a), by substituting “revenue payroll notification” for “tax deduction card”,

(II) by deleting paragraphs (b), (h), (i), (n) and (p), and

(III) in paragraph (o), by substituting “particulars specified in the regulations.” for “particulars specified in the regulations,”,

(ii) by inserting the following subsection after subsection (1):

“(1A) Regulations under this section may also contain such incidental, supplemental or consequential provisions as appear to the Revenue Commissioners to be necessary or expedient—

(a) to enable persons to fulfil their obligations under this Chapter or under regulations made under this section, or

(b) to give effect to the proper implementation and efficient operation of the provisions of this Chapter or regulations made under this section.”,

(iii) in subsection (3), in paragraph (a), by substituting “Revenue payroll notifications shall be prepared by the Revenue Commissioners” for “Tax deduction cards shall be prepared”,

(iv) in subsection (4) by substituting “revenue payroll notification” for “tax deduction card”,

(v) by deleting subsection (5), and

(vi) in subsection (6), in paragraph (b), by substituting “This Chapter” for “Notwithstanding subsection (5), as on and from the 6th day of June, 1997, regulations made in accordance with paragraphs (h) and (i) of subsection (1)”,

(f) by inserting the following section after section 986:

“Payment made without deduction of income tax

986A. (1) This section applies to emoluments in respect of which an employer, on the making of a payment of those emoluments to an employee, fails to deduct and remit income tax in accordance with this Chapter or regulations made under this Chapter where—

(a) the emoluments do not form part of a qualifying incentive within the meaning of section 112B, and

(b) the emoluments are not subject to an agreement under section 985B,

and the employer—

(i) has not deducted income tax in respect of any emoluments paid to the employee, or

(ii) has disguised, by omission or otherwise, the making or the nature of the payment in its books or records.

(2) Where an employee is in receipt of any emoluments to which this section applies, the employer shall be treated for the purposes of this Chapter and regulations made under this Chapter as making a payment of an amount equal to the amount referred to in subsection (3).

(3) The amount referred to in this subsection is the aggregate of—

(a) the amount of the payment referred to in subsection (1), and

(b) an amount of income tax, for the purpose of the calculation of which the amount of that payment is deemed to be the amount to which the recipient would be entitled after the deduction of income tax.”,

(g) in section 987—

(i) by substituting the following subsection for subsection (1):

“(1) Where a person fails—

(a) to comply with a provision of this Chapter or regulations made under this Chapter requiring that person to send a return, statement, notification or certificate,

(b) to remit income tax to the Collector-General,

(c) to make a deduction or repayment in accordance with regulations made under section 986, or

(d) to keep and maintain a register of employees in accordance with section 988A,

that person shall be liable to a penalty of €4,000.”,

(ii) by deleting subsection (1A),

(iii) in subsection (2), by deleting “or (1A)”, and

(iv) in subsection (4)—

(I) by deleting paragraph (b), and

(II) in paragraph (c), by substituting “section 988” for “Regulation 7(4) of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”,

(h) by substituting the following section for section 988:

“Registration of certain persons as employers and requirement to send certain notifications

988. (1) A person who intends to make a payment of emoluments to or on behalf of an employee shall—

(a) send, or cause to be sent to the Revenue Commissioners, prior to the making of the payment of emoluments, a notification specifying the following:

(i) the name and address of the person;

(ii) that the person intends to pay such emoluments;

and

(b) register with the Revenue Commissioners in such manner, including by electronic means, as the Revenue Commissioners may require.

(2) The Revenue Commissioners shall—

(a) keep and maintain a register (in this section referred to as ‘the register’) in electronic form in which names and addresses notified to them under subsection (1) shall be registered, and

(b) where a name or address has been registered, notify the person concerned accordingly.

(3) Where the Revenue Commissioners have reason to believe that a person has failed to send them a notification in accordance with subsection (1), the Revenue Commissioners may register that person’s name and address in the register and, where a person is so registered, notify the person accordingly.

(4) Where a person is notified under subsection (3), the following provisions shall apply:

(a) where the person is of the opinion that subsection (1) does not apply, the person may appeal to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice and the determination of the Appeal Commissioners on the appeal shall be final and conclusive;

(b) where no appeal is made under paragraph (a), or the Appeal Commissioners determine that subsection (1) does apply to the person, the person shall be treated as an employer who sent a notification under subsection (1);

(c) where the Appeal Commissioners determine that subsection (1) does not apply to the person, the Revenue Commissioners shall, on being informed of that determination, delete the person’s name and address from the register.

(5) Where a change occurs in a name or address which has been notified under subsection (1), the person concerned shall send or cause to be sent to the Revenue Commissioners a notification of the change.

(6) Where a person whose name and address is included in the register ceases to pay emoluments to which this Chapter applies, such person shall, within the period of 30 days from the date on which such person ceased to pay such emoluments, notify the Revenue Commissioners to that effect.”,

(i) by inserting the following section after section 988:

“Register of employees

988A. (1) An employer who in any year makes a payment of emoluments to an employee or employees shall keep and maintain in respect of such employee or employees a register (in this Act referred to as the ‘Register of Employees’) for that year.

(2) An employer referred to in subsection (1) shall enter in the Register of Employees—

(a) the name and address,

(b) the personal public service number, and

(c) the date of commencement of employment and, where relevant, the date of cessation of employment,

of each employee concerned.

(3) An employer referred to in subsection (1) shall—

(a) keep and maintain the Register of Employees (or a copy of it)—

(i) at the normal place of employment of each employee, or

(ii) at the main place of business of the employer,

and

(b) on being requested to do so by an officer of the Revenue Commissioners and within the period specified by that officer, produce the Register of Employees or an extract from it (or a certified copy of the Register of Employees or the extract, as the case may be,) to that officer.

(4) The Register of Employees may be kept in an electronic format.”,

(j) by deleting section 989,

(k) by substituting the following section for section 990:

“Assessment of tax due

990. (1) Where the inspector or such other officer as the Revenue Commissioners may nominate to exercise the powers conferred by this section (in this section referred to as ‘other officer’) has reason to believe that—

(a) a return made under section 985G does not include the total amount of tax due for the relevant income tax month, or

(b) a return should have, but has not been, made under section 985G for an income tax month,

then, without prejudice to any other action which may be taken, the inspector or other officer—

(i) may make an assessment in one sum of the total amount of tax which in his or her opinion should have been paid in respect of the income tax month, and

(ii) may serve notice on the employer specifying—

(I) the total amount of tax so assessed,

(II) the total amount of tax (if any) remitted by the employer in relation to the income tax month, and

(III) the balance of tax remaining unpaid.

(2) Where the inspector or other officer has reason to believe that the amount assessed under subsection (1) is less than the amount which the employer was liable to remit in relation to an income tax month, the inspector or other officer may amend the amount so assessed by increasing it to the amount which the employer was liable to remit and serve notice on the employer concerned of the revised amount assessed and such notice shall supersede any previous notice issued under subsection (1).

(3) Where a notice is served on an employer under subsection (1) or (2)—

(a) the employer may appeal the notice to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of that notice, and

(b) on the expiration of that period, if no notice of appeal is received or, if notice of appeal is received, on determination of the appeal by agreement or otherwise, the balance of tax remaining unpaid or the amended tax as determined in relation to the appeal shall become due and be recoverable in the like manner and by the like proceedings as if the balance of tax or the amended tax had been charged on the employer under Schedule E.

(4) A notice given by the inspector or other officer under this section may extend to 2 or more income tax months.”,

(l) by substituting the following for section 990A:

“Generation of assessments by electronic, photographic or other process

990A. For the purposes of this Chapter—

(a) where the inspector, any officer of the Revenue Commissioners nominated by them for the purposes of section 990 (in this section referred to as ‘the nominated officer’) or any other officer of the Revenue Commissioners acting with the knowledge of the inspector or the nominated officer causes, for the purposes of section 990, to be issued, manually or by any electronic, photographic or other process, and to be served, a notice bearing the name of the inspector or the nominated officer, the assessment to which that notice relates shall be deemed to have been made by the inspector or the nominated officer, as the case may be, to the best of his or her opinion, and

(b) the provisions of section 959G shall, subject to any necessary modifications, apply in relation to assessments made in accordance with the provisions of section 990 as they apply in relation to assessments to income tax.”,

(m) in section 991—

(i) in subsection (1), by substituting “due date” for “expiration of the period specified in the regulations”, and

(ii) by deleting subsections (1A), (1B) and (2),

(n) by substituting the following section for section 991A:

“Payment of tax by direct debit

991A. (1) The Collector-General may enter into an agreement with an employer to pay, by monthly direct debits, the tax due under this Chapter in respect of all the income tax months occurring in a year of assessment where—

(a) the total monthly payments represent, based on the best estimate of the employer, the total amount of tax due under this Chapter in respect of those income tax months,

(b) each monthly payment is made prior to the due date in respect of the income tax month prior to the income tax month in which the payment is made, and

(c) the employer has complied with all other requirements of this Chapter.

(2) Subject to subsection (3), where an agreement referred to in subsection (1) is entered into, the balance of the amount of tax due in respect of the income tax months occurring in the year of assessment, after deducting all monthly payments made—

(a) prior to the due date for the final income tax month in the year of assessment, and

(b) in respect of that year of assessment,

shall be due and payable by that due date.

(3) Where the total amount of monthly direct debits paid by the employer in respect of the income tax months occurring in the year of assessment is less than 90 per cent of the tax due in respect of those income tax months, the agreement referred to in subsection (1) shall be deemed not to have entered into effect.

(4) An agreement referred to in subsection (1) may be terminated by either the Collector-General or the employer and, where this occurs, the agreement shall be deemed not to have entered into effect.”,

and

(o) in section 997, in paragraphs (a) and (b) of subsection (1A), by substituting “subsection (1)” for “that subsection”.

“(a) delivers any incorrect return or statement of a kind mentioned in any of the provisions specified in column 1 of Schedule 29 where that return or statement contains—

(i) a deliberate understatement of—

(I) income, profits or gains, or

(II) income tax in respect of emoluments to which Chapter 4 of Part 42 relates,

or

(ii) a deliberately false or overstated claim in connection with any allowance, deduction, relief or credit,”.

SCHEDULE 2 Consequential Amendments to the Acts (within the meaning of section 82) following enactment of Companies Act 2014

Section 82

(a) in section 11(b), by inserting “constitution,” before “articles”,

(b) in section 27(7)(b), by substituting “Companies Act 2014” for “Companies Act 1963”,

(c) in section 79(1)(a), in the definition of “profit and loss account” by substituting “statutory auditor appointed in accordance with Chapter 18 of Part 6 of the Companies Act 2014” for “auditor appointed under section 160 of the Companies Act 1963”,

(d) in section 116(1), in paragraph (b) of the definition of “control” by inserting “constitution,” before “articles”,

(e) in section 135(4)(e), by substituting “section 7 of the Companies Act 2014” for “section 155 of the Companies Act 1963”,

(f) in section 172A(1)(a), in the definition of “auditor” by substituting “statutory auditor of the company for the purposes of the Companies Act 2014” for “auditor of the company for the purposes of the Companies Acts 1963 to 1990”,

(g) in section 174—

(i) in subsection (2)(b) by substituting “section 7 of the Companies Act 2014” for “section 155 of the Companies Act 1963”, and

(ii) in subsection (3) by substituting “section 7 of the Companies Act 2014” for “section 155 of the Companies Act 1963”,

(h) in section 176(2), by substituting “section 7 of the Companies Act 2014” for “section 155 of the Companies Act 1963”,

(i) in section 178(7), by substituting “Chapter 7 of Part 3 of the Companies Act 2014” for “Part IV of the Companies (Amendment) Act, 1983”,

(j) in section 184(2), by substituting “section 109 of the Companies Act 2014” for “section 209 of the Companies Act 1990”,

(k) in section 201(1)(b)(ii), by inserting “constitution,” before “articles”,

(l) in section 202(1)(a), in subparagraph (ii) of the definition of “control” by inserting “constitution,” before “articles”,

(m) in section 208B(1), in paragraph (a) of the definition of “qualified person” by substituting “Part 6 of the Companies Act 2014” for “section 187 of the Companies Act 1990”,

(n) in section 227(4)(b), by substituting “Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act” for “Companies Acts 1963 to 1990”,

(o) in section 372AM(9C), by substituting “section 7 of the Companies Act 2014” for “section 155 of the Companies Act 1963”,

(p) in section 400(2), by inserting “constitution,” before “articles”,

(q) in section 481(1), in paragraph (c)(i) of the definition of “qualifying company” by substituting “Companies Act 2014” for “Companies Acts 1963 to 1999”,

(r) in section 487—

(i) in subparagraph (i) of the definition of “accounting profit” in subsection (1)(a)—

(I) by substituting the following for clause (I):

“(I) in the case of a company resident in the State that prepares entity financial statements, which complies with the requirements of Part 6 of the Companies Act 2014, or in the case of a company that prepares group financial statements, which would be so shown if the company prepared entity financial statements in compliance with the requirements of Part 6 of the Companies Act 2014, and”,

and

(II) in clause (II) by substituting “statutory auditor appointed in accordance with Chapter 18 of Part 6 of the Companies Act 2014” for “auditor appointed under section 160 of the Companies Act, 1963”,

and

(ii) by inserting the following after the definition of “base tax”:

“ ‘entity financial statements’ and ‘group financial statements’ have the same meaning as in section 274 of the Companies Act 2014;”,

(s) in section 488(1), in the definition of “debenture” by substituting “Companies Act 2014” for “Companies Act 1963”,

(t) in section 494(9), by substituting “Companies Act 2014” for “Companies Act 1963”,

(u) in section 499(3)—

(i) by substituting “within the meaning of Part 17 of the Companies Act 2014” for “within the meaning of the Companies (Amendment) Act 1983”, and

(ii) by substituting “section 1010” for “section 6” in both places where it occurs,

(v) in section 509(1), in the definition of “specified securities” by substituting “as referred to in section 17, 965 or 1004 of the Companies Act 2014” for “within the meaning of section 5 of the Companies Act 1963”,

(w) in section 521(2)(a), by substituting “section 7 of the Companies Act 2014” for “section 155 of the Companies Act 1963”,

(x) in section 531AA(1)—

(i) by substituting the following for the definitions of “holding company” and “subsidiary”:

“ ‘holding company’ has the same meaning as in section 8 of the Companies Act 2014;”,

and

(ii) by inserting the following after the definition of “return”:

“ ‘subsidiary’ has the same meaning as in section 7 of the Companies Act 2014;”,

(y) in section 533(da), by substituting “any” for “warrants in respect of shares (including share warrants (within the meaning of section 88 of the Companies Act 1963)) and any other”,

(z) in section 541, by inserting the following subsection after subsection (1):

“(1A) (a) In this subsection ‘division’, ‘merger’, ‘successor company’ and ‘transferor company’ have the same meaning as in section 638A (inserted by the Finance Act 2017).

(b) For the purposes of subsection (1)(a), a successor company shall be deemed to be the original creditor in respect of a debt in a case in which that debt is transferred from a transferor company to the first-mentioned company as a result of a merger or division and the transferor company was the original creditor in respect of that debt.”,

(aa) in section 570, by substituting “section 614 of the Companies Act 2014” for “section 230 of the Companies Act 1963”,

(ab) in section 587, by inserting the following subsection after subsection (2):

“(2A) (a) In this subsection, ‘merger’ and ‘division’ have the same meaning as in section 638A (inserted by the Finance Act 2017).

(b) References in subsection (2) to shares being cancelled shall be deemed to include references to shares which are extinguished as a result of a merger or division.”,

(ac) in section 591(7)(c), by substituting “Companies Act 2014” for “Companies Act 1963”,

(ad) in section 615—

(i) in subsection (2)(a)(iv)(I) by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”, and

(ii) by inserting the following subsection after subsection (2):

“(2A) (a) In this subsection ‘division’, ‘merger’, ‘successor company’ and ‘transferor company’ have the same meaning as in section 638A (inserted by the Finance Act 2017).

(b) This section shall apply as if the transfer from a transferor company of all its assets to a successor company as a result of a merger or a division were the transfer of the whole of the company’s business and all the liabilities of the transferor company were the liabilities of the business of that transferor company where, immediately before the merger or division, the transferor company carried on a business.”,

(ae) in section 616(2)(a), by substituting “Companies Act 2014” for “Companies Act 1963”,

(af) in section 617(1)(c)(ii)(I), by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”,

(ag) in section 621(5), by substituting “section 84 of the Companies Act 2014” for “section 72 of the Companies Act 1963”,

(ah) in section 625(7), by inserting “or extinguished as a result of a merger or division within the meaning of section 638A (inserted by the Finance Act 2017)” after “cancelled”,

(ai) in section 626B(1)(b)(iv), by substituting “section 614 of the Companies Act 2014” for “section 230 of the Companies Act 1963”,

(aj) in section 657(1), in the definition of “company” by substituting “Companies Act 2014” for “Companies Act 1963”,

(ak) in section 723(1), in paragraph (a) of the definition of “excluded shares” by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”,

(al) in section 730A(8)(a)(ii), by substituting “a statutory auditor appointed under Chapter 18 of Part 6 of the Companies Act 2014” for “an auditor appointed under section 160 of the Companies Act 1963”,

(am) in section 734(1)(a)—

(i) in the definition of “collective investor” by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”, and

(ii) in subparagraph (iv) of the definition of “collective investment undertaking” by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”,

(an) in section 738(1)(a), in subparagraph (iii) of the definition of “undertaking for collective investment” by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”,

(ao) in section 739B(1)—

(i) in the definition of “collective investor” by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”, and

(ii) in paragraph (c) of the definition of “investment undertaking” by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”,

(ap) in section 739D(8E)(a)—

(i) in the definition of “relevant jurisdiction” by substituting “section 1408(1) of the Companies Act 2014” for “section 256F(1) of the Companies Act 1990”, and

(ii) in subparagraph (i) of the definition of “scheme of migration” by substituting “section 1408(1) of the Companies Act 2014” for “section 256F of the Companies Act 1990” and “Part 24” for “Part XIII”,

(aq) in section 747B(2A)(c)—

(i) in subparagraph (ii) by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”, and

(ii) in clause (II) of subparagraph (iv) by substituting “Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”,

(ar) in section 752(2)(a), in subparagraph (ii) of the definition of “control” by inserting “constitution,” before “articles”,

(as) in section 815(1), in the definition of “securities” by substituting “Companies Act 2014” for “Companies Act 1963”,

(at) in section 838(1)(a), in the definition of “qualifying shares” by substituting “Chapter 1 of Part 24 of the Companies Act 2014” for “Part XIII of the Companies Act 1990”,

(au) in section 869(1)(d), by substituting “section 51 of the Companies Act 2014” for “section 379 of the Companies Act 1963”,

(av) in section 882(3), by substituting “Companies Act 2014” for “Companies Act 1963”,

(aw) in section 898B(1), in the definition of “securities” by substituting “Companies Act 2014” for “Companies Act 1963”,

(ax) in section 904A(1), in the definition of “auditor” by substituting “Part 6 of the Companies Act 2014” for “Part X of the Companies Act 1990”,

(ay) in section 960O—

(i) in subsection (1)—

(I) by substituting the following for the definition of “Act of 1963;”:

“ ‘Act of 2014’ means the Companies Act 2014;”,

(II) in the definition of “relevant date” by substituting “section 621 of the Act of 2014” for “section 285 of the Act of 1963”,

(III) in the definition of “relevant subsection” by substituting “section 621 of the Act of 2014.” for “section 285 of the Act of 1963.”,

(ii) in subsection (2) by substituting “section 440 of the Act of 2014” for “section 98 of the Act of 1963”,

(iii) in subsection (3)—

(I) in paragraph (a) by substituting “section 621 of the Act of 2014” for “section 285 of the Act of 1963”, and

(II) by substituting the following for paragraph (b):

“(b) For the purposes of section 440 of the Act of 2014, paragraph (a) is deemed to be included in section 621 of that Act.”,

and

(iv) in subsection (4)(a) by substituting “section 440 of the Act of 2014” for “section 98 of the Act of 1963”,

(az) in section 1001(2), by substituting “Companies Act 2014” for “Companies Act 1963”,

(ba) in section 1002(1), in subparagraph (iii)(II) of the definition of “relevant period” by substituting “section 621 of the Companies Act 2014” for “section 285 of the Companies Act 1963”,

(bb) in section 1076(1)(b), by substituting “section 129 of the Companies Act 2014” for “section 175 of the Companies Act 1963”,

(bc) in section 1079(1), in paragraph (a)(i) of the definition of “relevant person” by substituting “a statutory auditor to the company appointed in accordance with Chapter 18 of Part 6 of the Companies Act 2014” for “an auditor to the company appointed in accordance with section 160 of the Companies Act 1963 (as amended by the Companies Act 1990)”,

(bd) in section 1080(4)(d), by substituting “sections 440 and 621 of the Companies Act 2014” for “sections 98 and 285 of the Companies Act 1963”,

(be) in section 1091(1), by substituting “Companies Act 2014” for “ Companies Act 1963”,

(bf) in paragraph 3 of Schedule 9, by inserting “constitution,” before “articles”,

(bg) in Schedule 11—

(i) in paragraph 10(2) by inserting “constitution or” after “the company’s”,

(ii) in paragraph 10(3)(a) by inserting “constitution or” after “specified in the”,

(iii) in paragraph 10(3)(b) by inserting “constitution or” before “articles”,

(iv) in paragraph 11A(4) by inserting “constitution or” after “the company’s”,

(v) in paragraph 11A(5)(a) by inserting “constitution or” after “specified in the”, and

(vi) in paragraph 11A(5)(b) by inserting “constitution or” before “articles”,

(bh) in Schedule 12—

(i) in paragraph 14(2)(a) by inserting “constitution or” before “articles”,

(ii) in paragraph 14(3)(a) by inserting “constitution or” before “articles”, and

(iii) in paragraph 14(3)(b) by inserting “constitution or” before “articles”,

(bi) in Schedule 12A—

(i) in paragraph 13(2) by inserting “constitution or” before “articles”,

(ii) in paragraph 13(3)(a) by inserting “constitution or” before “articles”,

(iii) in paragraph 13(3)(b) by inserting “constitution or” before “articles”,

(iv) in paragraph 16(1)(b) by substituting “section 453 of the Companies Act 2014” for “section 201 of the Companies Act 1963”,

(v) in paragraph 16(1)(c) by substituting “section 457 of the Companies Act 2014” for “section 204 of the Companies Act 1963”,

(vi) in paragraph 22(1)(b) by substituting “section 453 of the Companies Act 2014” for “section 201 of the Companies Act 1963”, and

(vii) in paragraph 22(1)(c) by substituting “section 457 of the Companies Act 2014” for “section 204 of the Companies Act 1963”,

and

(bj) in paragraph 1(3)(a)(i) of Schedule 18B by inserting “constitution,” after “status,”.

(a) in section 31(1)(b), by deleting “(being stock or marketable securities other than any share warrant issued in accordance with section 88 of the Companies Act 1963)”,

(b) by deleting sections 64, 65 and 66, and

(c) in Schedule 1, by deleting the heading “SHARE WARRANT issued under the provisions of the Companies Act 1963, and STOCK CERTIFICATE to bearer, and any instrument to bearer issued by or on behalf of any company or body of persons formed or established in the State and having a like effect as such a share warrant or such a stock certificate to bearer, expressed in the currency of the State”.

(a) in section 101, by inserting the following after subsection (3):

“(4) (a) In this subsection—

‘division’ means a division undertaken in accordance with Chapter 4 of Part 9 of the Companies Act 2014;

‘merger’ means a merger undertaken in accordance with Chapter 3 of Part 9 of the Companies Act 2014;

‘successor company’ means a company to which assets have been transferred from a transferor company as a result of a merger or division;

‘transferor company’ means a company from which assets have been transferred to a successor company or successor companies as a result of a merger or division.

(b) For the purposes of subsection (2)(b), relevant business property shall not be regarded as having been sold where it was transferred from a transferor company to a successor company as a result of a merger or a division.”,

and

(b) in section 104, by inserting the following after subsection (3):

“(4) (a) In this subsection ‘division’, ‘merger’, ‘successor company’ and ‘transferor company’ have the meanings assigned to them by section 101(4)(a).

(b) For the purposes of subsection (3), a transfer of an asset from a transferor company to a successor company as a result of a merger or a division shall not be regarded as a disposal.”.

SCHEDULE 3 Appealable Matters

Section 75

The Taxes Consolidation Act 1997 is amended—

(a) in section 128B—

(i) in subsection (9) by substituting the following for paragraph (a):

“(a) The provisions of the Income Tax Acts relating to—

(i) assessments to income tax, and

(ii) the collection and recovery of income tax,

shall, in so far as they are applicable, apply to the assessment, collection and recovery of relevant tax.”,

and

(ii) by inserting the following after subsection (9):

“(9A) A person aggrieved by an assessment made on that person under this section may appeal the assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notification of the assessment.”,

(b) in section 238—

(i) by substituting the following for subsection (5):

“(5) The provisions of the Income Tax Acts relating to—

(a) persons who are to be chargeable with income tax,

(b) income tax assessments, and

(c) the collection and recovery of income tax,

shall, in so far as they are applicable, apply to the charge, assessment, collection and recovery of income tax under this section.”,

and

(ii) by inserting the following after subsection (7):

“(8) (a) Subject to paragraph (b), a person aggrieved by an assessment made on that person under this section may appeal the assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of assessment.

(b) Where, in accordance with this section, a person is required to submit an account of a payment and account for income tax to the Revenue Commissioners, no appeal lies against an assessment until such time as the person submits the account and pays or has paid the amount of the income tax payable on the basis of that account.”,

(c) in section 240—

(i) by substituting the following for subsection (2):

“(2) The provisions of the Income Tax Acts relating to—

(a) persons who are to be chargeable to income tax,

(b) income tax assessments, and

(c) the collection and recovery of income tax,

shall, in so far as they are applicable, apply to the charge, assessment, collection and recovery of income tax under section 239.”,

and

(ii) by inserting the following after subsection (5):

“(6) (a) Subject to paragraph (b), a person aggrieved by an assessment made on that person under section 239 may appeal the assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of assessment.

(b) Where, in accordance with section 239, a person is required to make a return of relevant payments, no appeal under this section lies against an assessment until such time as the person makes the return and pays or has paid any income tax payable on the basis of that return.”,

(d) in section 440 by substituting the following for subsection (7):

“(7) The provisions of the Corporation Tax Acts relating to—

(a) assessments to corporation tax, and

(b) the collection and recovery of corporation tax,

shall apply in relation to a surcharge made under this section as they apply to corporation tax charged otherwise than under this section.”,

(e) in section 531H by inserting the following after subsection (4):

“(5) A person aggrieved by an assessment made on that person in relation to income levy may appeal the assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of assessment.”,

(f) in section 531AH by inserting the following after subsection (2):

“(3) A person aggrieved by an assessment or an amended assessment, as the case may be, made on that person may appeal the assessment or the amended assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of assessment.”,

(g) in section 548 by deleting subsections (6) and (7),

(h) in section 696F by substituting the following for subsection (1):

“(1) The provisions of the Corporation Tax Acts relating to—

(a) assessments to corporation tax, and

(b) the collection and recovery of corporation tax,

shall apply in relation to a profit resource rent tax charged under section 696C as they apply to corporation tax charged otherwise than under this Chapter.”,

(i) in section 870(3) by deleting “, and every such charge shall be heard and determined on its merits by the Appeal Commissioners”,

(j) in section 949P(2) by substituting “section 960L” for “section 960K”,

(k) in section 959A by deleting the definition “determination of the appeal”,

(l) in section 959AF by inserting the following after subsection (3):

“(4) Notwithstanding section 129(4) of the Finance Act 2012, subsection (1) shall apply to an assessment or an amended assessment, as the case may be, made on a person for a chargeable period, that is an accounting period of a company, that starts before 1 January 2013 or for any year of assessment preceding 2013.”,

(m) in section 959AJ(3) by substituting “section 949AF(1)” for “section 949AF(2)”,

(n) in section 997—

(i) in subsection (3) by deleting “appeals against assessments and”, and

(ii) by inserting the following after subsection (3):

“(4) An employee aggrieved by a statement of liability sent to him or her under subsection (3) may appeal the statement to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the statement.”,

(o) in section 1022(2A) by inserting “, but only in so far as the grievance relates to the last-mentioned assessment (within the meaning of subsection (1)(ii))” after “that notice”, and

(p) in paragraph 16 of Schedule 19—

(i) in subparagraph (2) by deleting all of the words from “and, subject to those principles” to the end of that subparagraph, and

(ii) by deleting subparagraph (3).

SCHEDULE 4 Sugar Sweetened Drinks Tax

Section 36

Sugar Content	Rate of Tax
At least 5 grams per 100 millilitres but less than 8 grams per 100 millilitres	€16.26 per hectolitre
8 grams or more per 100 millilitres	€24.39 per hectolitre